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In every area of practice, WilmerHale brings the insight, dedication to excellence, and commitment to client service needed for our clients to achieve their business objectives. Our five-department structure and team approach to service enable us to provide the highest level of responsiveness and access to lawyers with the most appropriate experience.

"The firm is at its best during a fight—whether that's against an enforcer, or in court against a private litigant." – Global Competition Review

Whether defending or asserting high stakes antitrust claims, clients turn to WilmerHale's antitrust litigators for their experience, creativity and impressive track record at all stages of litigation, including summary disposition, trial and appeals. Our team, which includes lawyers who have held high-level positions at the US Department of Justice (DOJ), Federal Trade Commission (FTC) and European Commission, represents plaintiffs and defendants in US, UK and European antitrust and competition litigation, and have defended—and, while in government, prosecuted—corporations and individuals in criminal antitrust proceedings and trials.

Representing Regal Entertainment Group in a preliminary injunction hearing in Harris County, Texas involving Texas law analogs to Section 1 and 2 of the Sherman Act.

While in roles at the US Department of Justice, our lawyers successfully prosecuted at trial two corporate defendants and three executives on charges connected to the TFT-LCD cartel.

Appeals

We have handled appeals involving question of antitrust or competition law in US federal or state courts of appeals, European or member state courts of appeals, the United States Supreme Court, the European Court of Justice, or European General Court, including:

Representing respondents in FTC v. Phoebe Putney Health Systems, Inc. in the US Supreme Court, which affirmed the antitrust state-action doctrine that provides that the antitrust laws do not reach the conduct of states or their officers or agents.

Representing the NCAA in its appeal of the O'Bannon decision in the Northern District of California, which held that NCAA amateurism rules that prohibit athletes from being paid for the use of their names, images and likenesses violate the Sherman Act.

Representing Medtronic in obtaining an affirmance of a summary judgment against a claim that implicated complex issues at the intersection of Copperweld and conspiracy to monopolize doctrine.

Won a significant victory in the US Supreme Court on behalf of several ocean shippers in Court in Stolt-Nielsen v. Animalfeeds, a case raising important issues of class arbitration under the Federal Arbitration Act.

Pre-Trial Litigation and Arbitration

Our team litigates and resolves antitrust and competition matters for defendants and plaintiffs in courts and other proceedings in the United States, the United Kingdom, Europe and its members states, including:

Representing Japanese auto parts manufacturer DENSO and its subsidiaries in putative civil class action, opt out and state attorneys general litigations alleging conspiracies to fix prices of certain auto parts. The investigations and related civil litigation have been described as the largest and most complex in history.

Representing a major MasterCard issuer in defending against a massive, multidistrict antitrust class action filed on behalf of merchants against Visa, MasterCard and the major payment card issuers alleging that the interchange fees set by Visa and MasterCard for processing credit card transactions are unlawful.

Representing a multinational pharmaceutical manufacturer in a series of cases brought by the FTC as well as putative classes of direct and indirect purchasers of its flagship product and a would-be generic competitor challenging our client's settlement of Hatch-Waxman patent litigation over Provigil under the Sherman Act and Federal Trade Commission Act. Obtained favorable settlement.

Representing a large pharmaceutical company in a case brought by over 30 state Attorneys General in the Eastern District of Pennsylvania over alleged efforts to block entry of generic versions of one of the company's pharmaceuticals.

Representing Lufthansa in cartel damages actions in Germany and the United Kingdom.

Publications & News

WilmerHale has been named to the shortlist of law firms being considered for The American Lawyer's 2018 Transatlantic Legal Awards for Antitrust Team of the Year and Dispute Resolution Team of the Year.

Chambers and Partners announced its rankings for the 2018 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 95 WilmerHale lawyers as leaders in their respective fields.

Recognizing the enormous talent and major recent victories of WilmerHale lawyers, The American Lawyer placed the firm's Litigation/Controversy Department in the small group of finalists for the legal publication's 2017 Litigation Department of the Year contest.

On August 28, 2017, in King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., the Eastern District of Pennsylvania denied class certification for direct purchasers asserting Hatch-Waxman reverse-payment antitrust claims because the 24-25 putative class members did not satisfy the numerosity requirement.

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

In every area of practice, WilmerHale brings the insight, dedication to excellence, and commitment to client service needed for our clients to achieve their business objectives. Our five-department structure and team approach to service enable us to provide the highest level of responsiveness and access to lawyers with the most appropriate experience.